Category Archives: Nexus

D.Neb.: PC for def’s vehicle leaving the scene of a shooting led to nexus to his house

“As explained, witnesses saw a dark colored vehicle speeding away from the scene of the May 27, 2020 shooting and at least two witnesses believe the vehicle was a Nissan. At the same time, police surveillance puts Defendant’s gray Nissan … Continue reading

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MT: Plain view justifies automobile exception search

Seeing contraband in plain view justifies an entry into a car under the automobile exception. State v. Tenold, 2020 MT 263, 2020 Mont. LEXIS 2461 (Oct. 20, 2020). Three controlled buys were probable cause despite defendant’s argument that the officer … Continue reading

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D.S.D.: Issuing magistrate shown not to be neutral and detached in issuing SW wholly lacking in PC

A tribal judge was not a neutral and detached magistrate, and the good faith exception did not apply. The application for the search warrant was technically deficient in both form (lacking a prosecutor’s signature) and substance (completely lacking probable cause), … Continue reading

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M.D.Pa.: Photographs of interior of house taken before SW issued are suppressed

Photographs of the interior of defendant’s house taken before the search warrant issued are suppressed. They did not have any effect on the issuance of the warrant, however. United States v. Carey, 2020 U.S. Dist. LEXIS 190963 (M.D. Pa. Oct. … Continue reading

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S.D.Ohio: Nexus was lacking for def’s cell phone for evidence of rape, but GFE applies

“Unlike the officers in Hodson and Neuhard, however, the officers in this case were not seeking evidence of child pornography. Instead, the Detective’s affidavit sought evidence related to ‘Rape 2907.02, Gross Sexual Imposition 2907.05.’ … A commonsense review of the … Continue reading

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D.S.C.: Going from and back to house after drug deals showed nexus

Defendant’s going from and back to his house after drug deals showed nexus to the house for a search warrant. United States v. Jaqu, 2020 U.S. Dist. LEXIS 183603 (D.S.C. Oct. 5, 2020). Plaintiff’s claim that he should have been … Continue reading

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DE: One heroin deal and returning home isn’t nexus

Surveillance of one trip home after a heroin deal doesn’t show nexus to the premises where defendant lived. State v. Jones, 2020 Del. Super. LEXIS 2798 (Sept. 24, 2020):

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MA: SW affidavit showed inference def’s house was base of operation for drug operation, and that’s nexus

The affidavit for search warrant here raised more than an inference that defendant’s home was used as a base of operations for his drug dealing enterprise, and that was nexus. Commonwealth v. Andre-Fields, 2020 Mass. App. LEXIS 145 (Sept. 23, … Continue reading

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CA8: Def’s pickup truck was involved in a shooting, and the officers developed PC that evidence would be in it or his house where it was parked

Surveillance video at the scene gave probable cause to believe that defendant’s pickup truck was involved in a shooting, and other physical evidence of the shooting hadn’t yet been found. “The address for Flournoy and Davis was a different unit … Continue reading

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S.D.Ohio: Nexus shown between Facebook account and offense, despite 19 paragraphs of boilerplate

The government showed nexus between defendant’s Facebook account and the crime under investigation to justify the warrant, despite 19 paragraphs of boilerplate. United States v. Mize, 2020 U.S. Dist. LEXIS 166759 (S.D. Ohio Sept. 11, 2020):

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OH2: Conduct two days before seeing defendant on street justified stop

The officer’s conclusion that the car associated with defendant had fled from him two days earlier had support in the record, and there was reasonable suspicion for the stop. State v. Stanton, 2020-Ohio-4087, 2020 Ohio App. LEXIS 2978 (2d Dist. … Continue reading

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CA3: FBI notice of being “armed and dangerous” justified stop and furtive movement a frisk

“Here, McKee testified that the FBI notice describing Robinson stated that he was armed and dangerous. McKee also testified that Robinson failed to comply with his first order to put his hands up and kept reaching for his waistband. These … Continue reading

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CA6: Lack of minimal nexus is lack of PC and no GFE

The district court held the affidavit for drugs in defendant’s house was lacking nexus and probable cause for lack of good information and the good faith exception didn’t apply. Affirmed. United States v. Ward, 2020 U.S. App. LEXIS 23607 (6th … Continue reading

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PA: State waived challenge to def’s reliance on state constitution

The state waived its challenge to the defendant’s reliance on the state constitution by failure to litigate it below. Waiver claims have to be applied evenhandedly between the state and defendants. Commonwealth v. Wolfel, 2020 Pa. LEXIS 3797 (July 21, … Continue reading

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CA6: Lack of notice of right to refuse consent is a factor on totality and not determinative

Defendant wasn’t entitled to notice of his right to refuse consent, and he argues that’s nearly determinative on the totality. It’s not: “So, Taylor’s argument amounts to a contention that, in evaluating the totality of the circumstances, the district court … Continue reading

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NY2: Arrest for burglary justifies SI of backpack

Defendant’s arrest for burglary, a violent crime, and his uncooperativeness justified a search incident of his backpack for possible weapons. People v. Mabry, 2020 NY Slip Op 03540, 2020 N.Y. App. Div. LEXIS 3583 (2d Dept. June 24, 2020). There … Continue reading

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